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Michigan Crime Against Nature – Sodomy Law

Michigan Criminal Defense Attorneys

Michigan’s “Crime Against Nature” law is probably best described as a holdover from the centuries old European common law. ¬†Nonetheless, there are still prosecutions for this crime and there are severe punishments and consequences for those convicted of this offense. ¬†Those consequences include possible prison time and ¬†registration on the Michigan Sex Offender Registry.

What is a Crime Against Nature?

Any person who commits an ‚Äúabominable and detestable crime against nature‚ÄĚ either with people or animals may be charged with a felony with a maximum penalty of 15 years in prison; or if such person is deemed ‚Äúsexually delinquent,‚ÄĚ then that person may face a maximum penalty of up to life in prison.

‚ÄúAbominable and detestable crimes against nature‚ÄĚ encompasses two categories of crimes: (a) with a human being and (b) with an animal. At common law, a ‚Äúcrime against nature‚ÄĚ covered both sodomy and bestiality. Michigan follows the common-law definition of sodomy which includes anal copulation and not fellatio. However, bestiality includes a broader range of conduct than common-law sodomy, including any sexual connection between a human being and an animal.

In a prosecution for sodomy, sexual penetration regardless of how slight is sufficient for completion of the crime. Emission, or ejaculation, does not need to be proven.

What is a Sexually Delinquent Person?

Under Michigan law, a ‚Äúsexually delinquent person‚ÄĚ is defined as any person whose sexual behavior is:

  • characterized by compulsive or repetitive or acts, indicating a disregard of the recognized rights of others or consequences; or
  • attempting sex by force on another individual; or
  • sexual aggression against minors under the age of 16.

If whether a person is sexually delinquent is in issue, a hearing may be held with evidence presented to make that determination. ¬†Being a sexually delinquent person is not a crime under Michigan’s criminal statutes. ¬†Rather, it is a sentencing enhancement that give a sentencing judge sweeping authority to consider a sentence of up to life in prison.

 

Michigan Sex Crimes Defense Attorneys

We have defended many sex crime  cases, yielding many outstanding outcomes. The Kronzek Firm PLC offers a free consultation at (866) 7-NoJail for those wanting to hire an attorney.  Our attorneys extensive criminal sexual conduct defense experience can make the difference for your case.

 

 

 

 

 

 

 

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